On EAD now, how to go back on h1 and still be able to keep EAD avaialable to use?

[itsforbabu]

I use to be on H1B until 2012 and after that I am on EAD currently too. I know that staying on H1B while keeping EAD is a safe option, but I chose to go on EAD for my own reasons. Now things are different with me and I am married now (she is on F1 visa a phd student who can stay in US until end of 2017). I am waiting on my EB2 priority date dec 2009, to get current for ever. So at this juncture without having to rely on EB2 priority date to file her as dependent 485, I am trying to find out what are my options here. If my current employer agrees to file my H1B, is it possible to go back to H1B and keep the EAD available just like a person who would get EAD while being on H1B and won't use it?

[JoeF]

Yes, that is possible.

[pontevecchio]

Your employer can file a H1 petition for you and two things can happen. One is they give you a H1 Approval with an I94. Or they just approve the H1 petition. You then leave and return with the H1 visa and get into H1 status. EAD needs renewal as per the time frames.

[itsforbabu]

Any idea if any old employer files for a new h1b petition for me, would that be a non cap based exempt from lottery system? How about with a new employer?

[JoeF]

Based on the approved I-140 it should be cap-exempt.

 

[itsforbabu]

It will be cap exempt both with a new employer and the original h1 sponser?